Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0052
Hennebel Ludovic, T. Hélène
This chapter looks at Article 52 of the American Convention on Human Rights (ACHR), which is devoted to the Inter-American Court. The Inter-American Court is designed by Article 33 of the Convention as one of the two bodies in charge of the “matters relating to the fulfillment of the commitments made by the States Parties to the Convention.” Article 52 of the ACHR describes the composition of the Court, that is, seven judges, as well as the conditions and prerequisites for eligibility, in terms of nationality and qualifications. The provision cannot be detached from the following two provisions: Article 53 lays down the voting rules for election, while Article 54 sets out the duration and the number of terms of office a judge is entitled to. Article 52 may also be read in conjunction with Article 71 of the ACHR and Article 18 of the Statute of the Inter-American Court, which establish and clarify incompatibilities with the mandate of a judge.
{"title":"Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.1 Organization, Article 52","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0052","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0052","url":null,"abstract":"This chapter looks at Article 52 of the American Convention on Human Rights (ACHR), which is devoted to the Inter-American Court. The Inter-American Court is designed by Article 33 of the Convention as one of the two bodies in charge of the “matters relating to the fulfillment of the commitments made by the States Parties to the Convention.” Article 52 of the ACHR describes the composition of the Court, that is, seven judges, as well as the conditions and prerequisites for eligibility, in terms of nationality and qualifications. The provision cannot be detached from the following two provisions: Article 53 lays down the voting rules for election, while Article 54 sets out the duration and the number of terms of office a judge is entitled to. Article 52 may also be read in conjunction with Article 71 of the ACHR and Article 18 of the Statute of the Inter-American Court, which establish and clarify incompatibilities with the mandate of a judge.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"109 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74371905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0036
Hennebel Ludovic, T. Hélène
This chapter details Article 36 of the American Convention on Human Rights (ACHR). Article 36 of the ACHR is the exact same provision as Article 2-2 of the Statute of the Inter-American Commission of Human Rights. The main object of that article is to deal with some questions regarding the election of the members of the Commission. Besides the procedural elements regarding the nomination and the election of the candidates, Article 36-1 requires the members to be elected “in a personal capacity.” This requirement must be read in conjunction with Article 35, which provides that the Commission represents all Organization of American States (OAS) members. Article 36 is part of the guarantees which contribute to avoid the “politicization” of the Commission and its members. This provision also highlights the fact that the candidates are directly proposed by the States; it raises the question of a possible qualitative control of the candidacies.
{"title":"Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.1 Organization, Article 36","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0036","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0036","url":null,"abstract":"This chapter details Article 36 of the American Convention on Human Rights (ACHR). Article 36 of the ACHR is the exact same provision as Article 2-2 of the Statute of the Inter-American Commission of Human Rights. The main object of that article is to deal with some questions regarding the election of the members of the Commission. Besides the procedural elements regarding the nomination and the election of the candidates, Article 36-1 requires the members to be elected “in a personal capacity.” This requirement must be read in conjunction with Article 35, which provides that the Commission represents all Organization of American States (OAS) members. Article 36 is part of the guarantees which contribute to avoid the “politicization” of the Commission and its members. This provision also highlights the fact that the candidates are directly proposed by the States; it raises the question of a possible qualitative control of the candidacies.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80830219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0037
Hennebel Ludovic, T. Hélène
This chapter focuses on Article 37 of the American Convention on Human Rights (ACHR). After setting out the requirements for eligibility for election as a member of the Inter-American Commission of Human Rights (Article 34 of the Convention), and the mode of election (Article 36 of the Convention), Article 37-1 of the Convention sets out the rules for the term of office and the renewal of any term of office. Article 37-2 is limited to specifying that no more than one person of the same nationality may serve on the Inter-American Commission. The rules are in line with the practice of other comparable bodies. These norms laid down in Article 37 aim to ensure that the composition of the Commission is varied, renewed, and that it can evolve and be dynamic.
{"title":"Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.1 Organization, Article 37","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0037","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0037","url":null,"abstract":"This chapter focuses on Article 37 of the American Convention on Human Rights (ACHR). After setting out the requirements for eligibility for election as a member of the Inter-American Commission of Human Rights (Article 34 of the Convention), and the mode of election (Article 36 of the Convention), Article 37-1 of the Convention sets out the rules for the term of office and the renewal of any term of office. Article 37-2 is limited to specifying that no more than one person of the same nationality may serve on the Inter-American Commission. The rules are in line with the practice of other comparable bodies. These norms laid down in Article 37 aim to ensure that the composition of the Commission is varied, renewed, and that it can evolve and be dynamic.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87854073","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0059
Hennebel Ludovic, T. Hélène
This chapter reviews Article 60 of the American Convention on Human Rights (ACHR). Article 60 of the ACHR addresses the crucial issue of the Statute and the Rules of Procedure (RoPs) of the Inter-American Court. For international courts and tribunals, probably more so than for domestic organs, the Statute and RoPs are “constitutive” instruments in the first sense of the term. They set the constitutional framework to be respected by the parties and the judge. Therefore, the question of the drafters of these rules is itself fundamental. The answer to this question gives an idea of the greater or lesser degree of autonomy that the States which created the judicial body intended to provide it with.
{"title":"Part II Means of Protection, Ch.VIII Inter-American Court of Human Rights, s.1 Organization, Article 60","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0059","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0059","url":null,"abstract":"This chapter reviews Article 60 of the American Convention on Human Rights (ACHR). Article 60 of the ACHR addresses the crucial issue of the Statute and the Rules of Procedure (RoPs) of the Inter-American Court. For international courts and tribunals, probably more so than for domestic organs, the Statute and RoPs are “constitutive” instruments in the first sense of the term. They set the constitutional framework to be respected by the parties and the judge. Therefore, the question of the drafters of these rules is itself fundamental. The answer to this question gives an idea of the greater or lesser degree of autonomy that the States which created the judicial body intended to provide it with.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88961720","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0005
Hennebel Ludovic, T. Hélène
This chapter details Article 5, the right to humane treatment, which is set out under Chapter II on Civil and Political Rights of the American Convention on Human Rights (ACHR). Article 5 of the ACHR synthesizes Articles 7 and 10 of the International Covenant on Civil and Political Rights (ICCPR), since it is addressed both to “everyone” and more specifically to persons deprived of their liberty. While it is clear that individuals deprived of their liberty are not the only potential victims of violations of their integrity, Article 5 of the ACHR reflects the particular vulnerability experienced by persons deprived of their liberty, which is often highlighted in the inter-American human rights case law. Moreover, by formally affirming the fundamental values of integrity (Article 5-1) and dignity (Article 5-2) of the human being, the inter-American text is more explicit than the European Convention on Human Rights (ECHR), which does not explicitly refer to these fundamental values. In inter-American law, the prohibition of treatment contrary to the dignity and integrity of the human person, set forth in Article 5 of the ACHR, is also reaffirmed and clarified in the Inter-American Convention to Prevent and Punish Torture.
{"title":"Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.5: Right to Humane Treatment","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0005","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0005","url":null,"abstract":"This chapter details Article 5, the right to humane treatment, which is set out under Chapter II on Civil and Political Rights of the American Convention on Human Rights (ACHR). Article 5 of the ACHR synthesizes Articles 7 and 10 of the International Covenant on Civil and Political Rights (ICCPR), since it is addressed both to “everyone” and more specifically to persons deprived of their liberty. While it is clear that individuals deprived of their liberty are not the only potential victims of violations of their integrity, Article 5 of the ACHR reflects the particular vulnerability experienced by persons deprived of their liberty, which is often highlighted in the inter-American human rights case law. Moreover, by formally affirming the fundamental values of integrity (Article 5-1) and dignity (Article 5-2) of the human being, the inter-American text is more explicit than the European Convention on Human Rights (ECHR), which does not explicitly refer to these fundamental values. In inter-American law, the prohibition of treatment contrary to the dignity and integrity of the human person, set forth in Article 5 of the ACHR, is also reaffirmed and clarified in the Inter-American Convention to Prevent and Punish Torture.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85340231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0026
Hennebel Ludovic, T. Hélène
This chapter describes Article 26 of the American Convention on Human Rights (ACHR). Article 26 of the ACHR is a normative compromise allowing economic, social, and cultural rights to appear in the Convention, but without raising them to the level of civil and political rights and without giving them a legal status—that of subjective rights—that is equivalent. This provision thus places the ACHR—from the point of view of the recognition of economic, social, and cultural rights—halfway between older international normative instruments which contain no provisions relating to this category of rights and more recent conventions which place civil and political rights and ESCR on an equal footing, but also individual and collective rights. Article 26 has been debated at the time of its adoption and is still the subject of heated debate on its content and binding nature. However, the provision was not the subject of any reservation by States Parties at the time of accession or ratification of the ACHR. This is probably due to the vague and very imprecise nature of the clause. Indeed, it seems, at first sight, to place on States only a weak obligation of behavior in favor of the realization of economic, social, and cultural rights.
{"title":"Part I State Obligations and Rights Protected, Ch.III Economic, Social, and Cultural Rights, Art.26: Progressive Development","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0026","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0026","url":null,"abstract":"This chapter describes Article 26 of the American Convention on Human Rights (ACHR). Article 26 of the ACHR is a normative compromise allowing economic, social, and cultural rights to appear in the Convention, but without raising them to the level of civil and political rights and without giving them a legal status—that of subjective rights—that is equivalent. This provision thus places the ACHR—from the point of view of the recognition of economic, social, and cultural rights—halfway between older international normative instruments which contain no provisions relating to this category of rights and more recent conventions which place civil and political rights and ESCR on an equal footing, but also individual and collective rights. Article 26 has been debated at the time of its adoption and is still the subject of heated debate on its content and binding nature. However, the provision was not the subject of any reservation by States Parties at the time of accession or ratification of the ACHR. This is probably due to the vague and very imprecise nature of the clause. Indeed, it seems, at first sight, to place on States only a weak obligation of behavior in favor of the realization of economic, social, and cultural rights.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"1965 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91297758","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0079
Hennebel Ludovic, T. Hélène
This chapter evaluates Articles 79–82 of the American Convention on Human Rights (ACHR). Chapter XI closes the text of the ACHR and contains four articles on “Transitional Provisions.” These are divided into two sections. One section is devoted to the Inter-American Commission of Human Rights and the other to the Inter-American Court. They are of purely historical interest, since they were intended to organize the installation of the two protection bodies when the ACHR would come into force. The provisions are therefore not the subject of a separate commentary, but their content and the manner they were discussed during the preparatory work call for a number of common remarks. First, Chapter XI has the fundamental function of organizing the installation of the Commission and the Court in concrete terms the manner in which the members are to be nominated by the States and elected by the OAS General Assembly, all of which is handled by the OAS Secretary-General. Second, this installation raises a question of time, which is regulated in the same way for the Commission and the Court by Chapter XI.
{"title":"Part III General and Transitory Provisions, Ch.XI Transitory Provisions, Articles 79–82","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0079","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0079","url":null,"abstract":"This chapter evaluates Articles 79–82 of the American Convention on Human Rights (ACHR). Chapter XI closes the text of the ACHR and contains four articles on “Transitional Provisions.” These are divided into two sections. One section is devoted to the Inter-American Commission of Human Rights and the other to the Inter-American Court. They are of purely historical interest, since they were intended to organize the installation of the two protection bodies when the ACHR would come into force. The provisions are therefore not the subject of a separate commentary, but their content and the manner they were discussed during the preparatory work call for a number of common remarks. First, Chapter XI has the fundamental function of organizing the installation of the Commission and the Court in concrete terms the manner in which the members are to be nominated by the States and elected by the OAS General Assembly, all of which is handled by the OAS Secretary-General. Second, this installation raises a question of time, which is regulated in the same way for the Commission and the Court by Chapter XI.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"122 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89435765","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0038
Hennebel Ludovic, T. Hélène
This chapter looks at Article 38 of the American Convention on Human Rights (ACHR). Article 38 of the ACHR is intended to cover the special case of a vacancy that occurs under exceptional conditions, such as death, removal, or early resignation. Article 38 of the ACHR and Article 11 of the Statute of the Inter-American Commission of Human Rights organize the rules governing this type of early election. Providing for this type of situation is common in international institutions of this type. Articles 33-1 and 34 of the International Covenant on Civil and Political Rights (ICCPR), for example, provide for the same type of rules obeying the same rationale. Considering that the Commission is composed of only seven members and taking account the heavy workload of this institution, such provision allowing to organize fast replacement is fully relevant. Indeed, Article 38 was used in practice in several cases.
{"title":"Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.1 Organization, Article 38","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0038","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0038","url":null,"abstract":"This chapter looks at Article 38 of the American Convention on Human Rights (ACHR). Article 38 of the ACHR is intended to cover the special case of a vacancy that occurs under exceptional conditions, such as death, removal, or early resignation. Article 38 of the ACHR and Article 11 of the Statute of the Inter-American Commission of Human Rights organize the rules governing this type of early election. Providing for this type of situation is common in international institutions of this type. Articles 33-1 and 34 of the International Covenant on Civil and Political Rights (ICCPR), for example, provide for the same type of rules obeying the same rationale. Considering that the Commission is composed of only seven members and taking account the heavy workload of this institution, such provision allowing to organize fast replacement is fully relevant. Indeed, Article 38 was used in practice in several cases.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"190 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73351312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0073
Hennebel Ludovic, T. Hélène
This chapter explains Article 73 of the American Convention on Human Rights (ACHR). Article 73 of the ACHR addresses the key question of the disciplinary regime applicable to members of both the Inter-American Commission of Human Rights and the Inter-American Court. The balance established by the provision consists to giving the Organization of American States (OAS) General Assembly the formal authority to impose a disciplinary sanction on a member of the Commission or a judge of the Court, but only at the request of these organs. This is a fundamental safeguard of the independence of the two human rights bodies and their respective Secretariats, allowing them a protection from pressure from OAS member States (in the case of the Commission) or States Parties to the ACHR (in the case of the Court). Article 73 constitutes, by its very content, a guarantee of the proper functioning of the organs, and as such, the provision is innovative when compared to what is provided for other international courts.
{"title":"Part II Means of Protection, Ch.IX Common Provisions, Article 73","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0073","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0073","url":null,"abstract":"This chapter explains Article 73 of the American Convention on Human Rights (ACHR). Article 73 of the ACHR addresses the key question of the disciplinary regime applicable to members of both the Inter-American Commission of Human Rights and the Inter-American Court. The balance established by the provision consists to giving the Organization of American States (OAS) General Assembly the formal authority to impose a disciplinary sanction on a member of the Commission or a judge of the Court, but only at the request of these organs. This is a fundamental safeguard of the independence of the two human rights bodies and their respective Secretariats, allowing them a protection from pressure from OAS member States (in the case of the Commission) or States Parties to the ACHR (in the case of the Court). Article 73 constitutes, by its very content, a guarantee of the proper functioning of the organs, and as such, the provision is innovative when compared to what is provided for other international courts.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"58 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85178644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-28DOI: 10.1093/law/9780190222345.003.0028
Hennebel Ludovic, T. Hélène
This chapter studies Article 28 of the American Convention on Human Rights (ACHR). Article 27 of the ACHR specifies the obligations of State Parties that would have a federal constitutional structure under the American Convention. It reflects the principle of international law that the State is perceived by the international legal order as unitary—regardless of how its territory is organized and how power over it is exercised—both in terms of its international obligations and in terms of responsibility for non-compliance. Paragraph 2 specifies that for those rights of the Convention that fall within the competence of the federated entities, the federal entity must “immediately” take measures to ensure that those entities effectively implement the Convention. Meanwhile, Paragraph 3 envisages a different situation: that in which States already party to the Convention would group together in a federation or “other type of association,” such as a confederation, for example, or even an integration organization. In such cases, they must ensure the “continuity” of the application of the ACHR, which raises important questions of international law.
{"title":"Part I State Obligations and Rights Protected, Ch.IV Suspension of Guarantees, Interpretation, and Application, Art.28: Federal Clause","authors":"Hennebel Ludovic, T. Hélène","doi":"10.1093/law/9780190222345.003.0028","DOIUrl":"https://doi.org/10.1093/law/9780190222345.003.0028","url":null,"abstract":"This chapter studies Article 28 of the American Convention on Human Rights (ACHR). Article 27 of the ACHR specifies the obligations of State Parties that would have a federal constitutional structure under the American Convention. It reflects the principle of international law that the State is perceived by the international legal order as unitary—regardless of how its territory is organized and how power over it is exercised—both in terms of its international obligations and in terms of responsibility for non-compliance. Paragraph 2 specifies that for those rights of the Convention that fall within the competence of the federated entities, the federal entity must “immediately” take measures to ensure that those entities effectively implement the Convention. Meanwhile, Paragraph 3 envisages a different situation: that in which States already party to the Convention would group together in a federation or “other type of association,” such as a confederation, for example, or even an integration organization. In such cases, they must ensure the “continuity” of the application of the ACHR, which raises important questions of international law.","PeriodicalId":22363,"journal":{"name":"The American Convention on Human Rights","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81169449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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